SO FAR SO GOOD, PF NODS CON-COURT RULING IN NDOLA

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SO FAR SO GOOD, PF NODS CON-COURT RULING IN NDOLA

….upholding that indeed, rescinding of a resignation in an election is not provided for in the Constitution

Lusaka…. Friday, October 14, 2022 (Smart Eagles)

THE Constitutional Court has dismissed Attorney General’s application to arrest the Judgment in the Kabushi and Kwacha Constituency by-election.

The Court has reserved Judgment to Monday next week. And in its Ndola ruling, ConCourt said the issues raised by the petitioners can be determined separate from the purported rescission of resignation, which the petitioners had argued have no effect on the Constitution as the Constitution does NOT provide for rescinding of a resignation.

Meanwhile, the decision by the Court has thrilled Patriotic Front (PF) Acting President Given Lubinda, who is on the Copperbelt meeting party structures.

Speaking to the media after Court’s ruling, Hon Lubinda, who passed through to the Court, beamingly said the ruling is sufficient for the PF to be happy.

He however lamented that the conduct of the AG raises a lot of concern that the State is getting involved in matters that it has least interest all to try and frustrate the cause of justice.

“We would like to commend the bench for coming up with this decision to dismiss the petition by the intervener and let’s wait tor the court now to hand out judgement on Monday. But we are happy that intentions of the Attorney General have been declared as mischievous,” he said.

“I hope that the Attorney General will learn that much as he is employed by the Executive, his role is also to adequately advise the Executive. They are not to bring the whole country to a standstill with frivolous application such as this. We have seen the Attorney General getting involved in raising issues that are frivolous academic.”

And Hon Lubinda warned that the Electoral Commission of Zambia (ECZ) must not think that it is a power to itself.

He added that the Commission has to operate within the confines of the law.

“But what is more important is that the two petitioners did not go to sleep. They were alert of what was happening in society. While sitting in court yesterday they were also following what was happening around and I am delighted that they have done what we were expecting them to do, what many citizens were expecting them to do, to apply to commence contempt proceedings against the ECZ,” he said.

“The ECZ must not think that it is a power to itself. It also has to operate within the confines of the law. There is no reason for the ECZ to usurp the power for the other institutions. Now they have shown that they want to try and bring down the Judiciary by going contrary to the decisions of the Judiciary. The Court today has stood up to defend its position.”

#SmartEagles2022

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